Natural Resources

Representative Client Work

Lead coordinating counsel for multiple fishing industry parties in defense of a challenge under the Endangered Species Act (ESA) involving Steller sea lions by environmental groups to Bering Sea, Aleutian Islands, and Gulf of Alaska fishery management plans that threatened to shut down commercial fishing in large areas of the ocean off of Alaska. Greenpeace, American Oceans Campaign v. National Marine Fisheries Service, 237 F. Supp. 2d 1181 (W.D. Wash 2000), 106 F. Supp. 2d 1066 (W.D. Wash. 2000), 198 F.R.D. 540 (W.D. Wash. 2000), 80 F. Supp. 2d 1137 (W.D. Wash. 2000), 55 F. Supp. 2d 1248 (W.D. Wash. 1999).

This multi-year federal court litigation permanently and significantly changed how multi-million dollar trawl fisheries are conducted, but in a manner that allowed our clients to continue their successful fishing businesses.

Advised Washington refinery in the company’s response to a petition seeking ESA listing of a herring population that spawns near its facility.

National Marine Fisheries Service denied petition to designate herring population as a distinct population segment and declined to list under ESA.

Advising Alaskan companies and utilities on the potential business impacts of listing and recovery plans for Beluga whales and other marine species under the ESA and Marine Mammal Protection Act.

The listing of Cook Inlet Beluga whales as an endangered species poses challenges for commercial and industrial activities in the Cook Inlet area, one of Alaska’s most densely populated regions.

Advising a water district on ESA requirements, including ESA consultation process, that apply to reintroduction of a listed fish population and installation of a fish passage at its facility.

Listed species were reintroduced as a result of relicensing a downstream hydroelectric project, which resulted in the client facing fish passage concerns for the first time in the history of its project.

Represented conservation groups opposed to expansion of gravel mine adjacent to tributary of Lower Columbia that is home to eight threatened or endangered species.

The challenge to the ESA/Habitat Conservation Plan for the project is pending in the Western District of Washington.

Represented developer of a proposed wind farm project in Washington ESA issues.

Successfully negotiated with state and federal wildlife agencies to resolve concerns related to potential impact of the project on bald eagles.

Assisted lender with its foreclosure of loans involving properties with ESA issues.